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> Document 423 : INS 99-14 : Hearing Decision
STATE OF MAINE
In its Sixth Supplement to its Response to the Second Discovery Request of the Superintendent ("Request"), Applicant Anthem Insurance Companies, Inc., on behalf of its subsidiary to be formed, Anthem Health Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield (collectively "Anthem"), has identified responses that warrant confidential treatment and has submitted those materials to the Superintendent labeled as such. Pursuant to the October 19, 1999 Protective Order, Anthem submits the following memorandum in support of such treatment. Anthem requests confidential treatment for two responses that reflect Anthem’s (1) highly confidential litigation reserves, and (2) financial projections and business plans. Specifically, after reviewing the responses to the Request, Anthem hereby requests that the following responses should be designated confidential and disclosed only in the manner set forth below:
Anthem has, on prior occasions, submitted memoranda in support of confidential treatment that set forth the law generally applicable to confidential treatment of information under the Maine Civil Rules of Procedure and developed in Maine’s caselaw. (See, e .g., Memoranda in Support of Confidential Treatment of (1) Anthem’s Response to Superintendent’s Second Discovery Request, and (2) Supplement to the Form A.) To avoid repetition, Anthem incorporates these memoranda by reference. The response to question number 57 reflects Anthem’s internal reserves for cases in which it remains involved in ongoing litigation. In its prior response to this question, Anthem provided its "management listing," which reflects all of Anthem’s present cases with a reserve greater than $250,000 or that are otherwise significant. See Anthem’s First Supplement to Response to Second Discovery Request of the Superintendent, question no. 57, confidential document numbers AN- 01969 to AN-01985. This information was submitted on a confidential basis only, so all parties who have executed the confidentiality agreement can review that information. For purposes of determining whether Anthem faces any significant litigation exposure, that information should be sufficient. At the February 4 discovery conference, the Superintendent’s consultant requested supplemental information regarding Anthem’s aggregate reserves for cases. Although Anthem is providing that information today in its Sixth Supplemental Response, the information is very sensitive in that it reveals Anthem’s internal analyses of its litigation exposure for specific cases. Given the information already provided to all of the parties, and the sensitivity of the information to Anthem, Anthem has submitted the information as "HIGHLY CONFIDENTIAL," for review only by the Bureau, Attorney General, and trial counsel for BCBSME. For these reasons, Anthem respectively requests that the Superintendent designate the above-referenced materials as confidential, subject to disclosure only under the terms outlined above and exempt from disclosure under the FOAA. DATED: February 22, 2000
CERTIFICATE OF SERVICE The undersigned hereby certifies that on February 22, 2000, a copy of Anthem’s Memorandum in Support of Confidential Treatment for the Sixth Supplemental Response to the Superintendent’s Second Request was served by electronic mail or via hand delivery on each of the persons listed below. Robert S. Frank, Esq. Harvey & Frank Two City Center P.O. Box 126 Portland, Maine 04112 e-mail: frank@harveyfrank.com (Blue Cross/Blue Shield of Maine) Judith Chamberlain, Esq. State of Maine Department of the Attorney General 6 State House Station Augusta, Maine 04333-0006 e-mail: judy.chamberlain@state.me.us (Bureau of Insurance) William H. Laubenstein, Esq. State of Maine Department of the Attorney General 6 State House Station Augusta, Maine 04333-0006 e-mail: bill.laubenstein@state.me.us (Office of the Attorney General) Gregory A. Brodek, Esq. Duane, Morris & Heckscher, LLP 15 Columbia Street, 4th Floor Bangor, Maine 04401-6355 e-mail: gabrodek@duanemorris.com (Maine Health Alliance) Joseph P. Ditre, Esq. Consumer Health Law Program One Weston Court, Level One P.O. Box 2490 Augusta, Maine 04338-2490 e-mail: jditre@mainecahc.org (Consumers for Affordable Health Care Foundation/Coalition) Michele M. Garvin, Esq. Ropes & Gray One International Place Boston, Massachusetts 02110-2624 e-mail: Mgarvin@Ropesgray.com (Central Maine Healthcare Corporation; Central Maine Partners Health Plan) Robert I. Goldman Maine Council of Senior Citizens 27 Bowery Beach Road Cape Elizabeth, Maine 04107 e-mail: Rgoldma1@maine.rr.com (Maine Council of Senior Citizens) Bonnie Post Executive Director of the Maine Ambulatory Care Coalition P.O. Box 390 Manchester, Maine 04351 e-mail: bdpmacc@mint.net (Sacopee Valley Health Center, Regional Medical Center at Lubec, Eastport Health Care, Inc., and the Maine Ambulatory Care Coalition) John Dieffenbacher-Krall Executive Director Maine People’s Alliance 192 State Street Portland, Maine 04101 e-mail: MPA@gwi.net (Maine People’s Alliance) Gordon H. Smith, Esq. Maine Medical Association 30 Association Drive P.O. Box 190 Manchester, Maine 04351 e-mail: gsmith@ctel.net (Thomas D. Hayward, M.D., Maroulla S. Gleaton, M.D., And the Maine Medical Association)
Donald E. Quigley, Esq. General Counsel 465 Congress Street, Suite 600 Portland, Maine 04101-3537 e-mail: quigld@mail.mmc.org (Maine Medical Center) Sandra L. Parker, Esq. Attorney for MHA, Inc. 150 Capitol Street Augusta, Maine 04330 e-mail: sparker@themha.org (MHA, Inc.) Kellie P. Miller, M.S. Executive Director Maine Osteopathic Association 693 Western Avenue Manchester, Maine 04351 e-mail: meosteo@mint.net (Maine Osteopathic Association) Edward Miller Executive Director American Lung Association of Maine 122 State Street Augusta, Maine 04330 e-mail: emiller@mainelung.org (American Lung Association of Maine) DATED: February 22, 2000
Last Updated: August 22, 2012 |
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